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A.R.S. § 13-901.01 states that a person who is convicted of possession of  a controlled substance except for methamphetamine is eligible for probation  as long as he or she has also not been convicted of a violent crime.  The court shall require participation in an appropriate drug treatment or education program as a condition of probation. 


A.R.S. § 13-3402(A), A.R.S. § 13- 3403(A), A.R.S. § 13- 3404.01, A.R.S. § 13- 3405, A.R.S. § 13-3406, A.R.S. § 13-3407, and A.R.S. § 13- 3408 make it a crime in Arizona to possess peyote, vapor-releasing substance containing a toxic substance, precursor chemicals, marijuana (without a valid Medical Marijuana card), prescription drugs not prescribed to you, dangerous drugs, and narcotic drugs respectively.

“Drug residue is NOT possession of drugs.  We’ll fight it!”  Lisa Witt

It is a Class 6 felony to knowingly possess peyote according to A.R.S. § 13-3402(A) subject to a religious freedom defense.  It can be a Class 1 misdemeanor or a Class 5 felony depending on the circumstances for possessing a vapor-releasing substance.  It is a Class 2 felony to knowingly possess a precursor chemical II and a Class 5 felony to knowing possess ephedrine.  It ranges from a Class 4 to a Class 6 felony to knowingly possess marijuana.  It is a Class 1 misdemeanor to knowingly possess a prescription drug.  It can be either a Class 1 misdemeanor or a Class 4 felony to knowing possess dangerous drugs.  It is a Class 4 felony to knowingly possess narcotic drugs.



A charge of drug possession is still serious even if it is a first felony offense.   Lisa is an analytical, detail-oriented defense attorney who will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:


  • Probation eligibility:  Explore whether you could receive probation under A.R.S. § 13-901.01 for drug possession.


  • Mere presence:  Merely being present around drugs does not make you guilty of drug possession. 


  • Involuntary possession:  You did not knowingly possess the drug.


  • Credibility of witness(es):  One or more witnesses who saw you with drugs  is not credible.


  • No probable cause: The police had no probable cause to detain/arrest you.


  • Illegal search:  The police search of the vehicle, home, apartment or person where drugs were found was illegal.

“It’s not a conviction if the charges are thrown out.  I look for technicalities.”  Lisa Witt

  • Impossibility of State’s story:  The State’s story may be impossible based on the timeline or other facts alleged about your drug possession.


  • Exclusion of State’s evidence:  The State’s evidence of your possession may be excluded because they violated your constitutional rights or otherwise acted illegally in obtaining evidence or your confession.


  • Religious freedom:  According to A.R.S. § 13-3402(B), it is a defense if the peyote is being used or is intended for use for religious reasons in a manner not dangerous to public health, safety or morals.


  • Good character:  You may have witnesses who will testify that you are not a drug addict and/or that you did not possess drugs on that occasion.


  • Police misconduct:  The police may have committed misconduct in investigating the charge, collecting the evidence, interviewing witnesses, or obtaining your confession.


  • Prosecutorial misconduct:  There may have been prosecutorial misconduct in disclosing the evidence, talking with witnesses, and in the general course of your case.


  • Possible other defenses:  Depending on the unique facts of your case, there may be other possible defenses.  Lisa thinks outside the box when defending your case so she may come up with a novel defense that no other attorney has thought of before.


If you or a loved one is facing a charge of drug possession, it’s very important to hire a thorough, intelligent and passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form to schedule a free case review.

Lisa Witt is a Mesa/Phoenix, Arizona drug possession defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.

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